Accredited Family Law & Separation Specialists In Howqua Inlet
We understand family law. Our Family Solicitors Howqua Inlet have actually represented hundreds of family law customers throughout the years and act for mums, dads, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our experienced family law and divorce lawyers can represent you in all aspects of family law, having particular expertise in divorce, child custody and property division.
We are devoted to helping you settle your matter as rapidly as possible, and if that’s not possible, then we will represent you expertly throughout the Court process so that you get the best possible result. If you are planning to engage the services of some of the very best family solicitors Howqua Inlet has to offer, then look no further. When engaging among our specialists, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Howqua Inlet, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, violence or abandonment are irrelevant. The only ground for Divorce is that the marriage has broken down irretrievably.
Any application for Divorce is typically filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marriage submits the application, or a joint application where both parties submit the application together.
An application for Divorce is just available after a 12 month duration of separation. This 12 month separation period is to be a continuous period and means more than physical separation where there is no likelihood of reconciliation.
The application can be opposed in scenarios where the Court does not have jurisdiction to handle the matter or otherwise where the parties to the proceedings have not been separated for more than 12 months.
An application can still be made while the parties are living under the exact same roof or if one has actually supplied the other with some family services. It might be tough to develop that separation has occurred in these situations and accordingly the Court will require proof in assistance of the application.
In addition to the requirements of a period of 12 months of separation, either you or your spouse will need to be an Australia resident by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, mean to reside in Howqua Inlet forever or otherwise be able to offer evidence that you resided in Australian for a minimum of 12 months prior to the filing of the application.
In circumstances where a couple has actually been wed for less than 2 years, the Court needs the parties to attend a counselling session with a view to reconciliation. There are exceptions to this requirement if there is a history of violence or abuse or where one party can not be located.
At a Divorce hearing, the Court will need to consider that appropriate arrangements have actually been produced any child of the marital relationship, or a child from another relationship, or a child who has actually or was adopted or who is dealt with as a member of that home, and under the age of 18.
Once a Divorce has actually been given the Divorce becomes effective one month and one day after the Order has been made.
As soon as a Divorce has actually taken effect, there is only a 12 month period in which to submit an application for property/financial and spousal maintenance. An extension to this period might be given in situations where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Howqua Inlet
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant individual in a kid’s life.
Prior to the commencement of any Court proceedings the parties are needed to attend, participate and make an authentic effort in solving any parenting concerns at a household dispute resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If an arrangement is reached the regards to that agreement can be formalised through an Application for Permission Orders. If no agreement can be reached, further negotiations can be arranged with the assistance of solicitor, arbitrators and counsellors Howqua Inlet.
If no arrangement can be reached outside of the court system, a person might then make an application to the Court. An application to Court will need confirmation that the parties have actually attempted a dispute resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court must concern the best interests of the child as the paramount consideration.
Inning accordance with area 60B of the Family Law Act 1975, the best interests of the children are met by:
making sure that the kids have the benefit of both of their parents having a meaningful participation in their lives, to the optimum level constant with the very best interest of the child; and
protecting the kids from physical and psychological damage and from being subjected to, or exposed to, abuse, overlook or family violence; and
making sure that kids get appropriate and appropriate parenting to help them attain their full potential; and
making sure that parents satisfy their duties, and fulfill their obligations, concerning the care, welfare and advancement of their kids.
There are other factors that the Court may take into account in any specific circumstances.
Why Choose Our Family Lawyers Howqua Inlet VIC
We are passionate about offering a specialized Family Law service Howqua Inlet that welcomes you, understands you as well as shows you empathy in tough times. Discover why you can be assured of our commitment to your legal demands.